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Bankruptcy delays collection effort

January 4, 2011

Former East Chicago Mayor Robert Pastrick has filed for bankruptcy, putting on hold the state’s attempt to seize his property to help pay off the $108 million he owes from a civil racketeering default judgment against him.

Federal estate tax law takes effect

January 4, 2011

New tax changes went into effect Jan. 1 that include a 35 percent estate tax rate as well as a $5 million per person and $10 million per couple exemption.

On The Move – 1/5/11

January 4, 2011

Read who’s been promoted and who’s formed new firms.

End of a family legacy

January 4, 2011

For the first time since the mid 1950s, the Indiana Judges Association won’t have anyone in the Baker family sitting on the board of managers and being as intimately involved in the group’s activities as they have been for two-thirds of the group’s existence.

Indiana Supreme Court to hear arguments on victim-advocate privilege

January 4, 2011

Domestic violence victims’ advocates and criminal law attorneys are waiting on the Indiana Supreme Court’s decision in a case involving a criminal defendant’s subpoena for records from a victim’s advocacy organization.

Indiana Family courts receive more than $200,000

January 4, 2011

As the family court project of the Indiana Supreme Court’s Division of State Court Administration enters a new year, courts that participate in the program have learned they will continue to operate with about the same amount of funding they have had in recent years.

Indiana welcomes new Tax Court judge

January 4, 2011

Long before law school and a legal career, Martha B. Wentworth owned a business and says her favorite part of that was paying her taxes.

DTCI: Meet your 2011 Board of Directors

January 4, 2011

At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office on Jan. 1, 2011.

Man accused of planning to blow up courthouse sentenced

January 3, 2011

The Pike County man who was arrested by police after they discovered his plan to blow up that county’s courthouse was sentenced today after pleading guilty to a charge stemming from the incident.

Applications being accepted for BLE executive director

January 3, 2011

The Indiana Supreme Court is accepting applications through Jan. 21 for the state Board of Law Examiner’s executive director position. The BLE’s former executive director, Linda Loepker, resigned Dec. 6.

Opinions Jan. 3, 2011 ILD

January 3, 2011

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kyle Beals v. State of Indiana (NFP)
49A02-1004-CR-461
Criminal. Reverses convictions of four counts of Class B felony criminal confinement and orders they be vacated. Affirms convictions of two counts of Class B felony robbery and one count of resisting law enforcement as a Class D felony.

Gary Haywood v. State of Indiana (NFP)
31A01-1001-CR-4
Criminal. Affirms revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Jan. 3, 2011

January 3, 2011

Indiana Court of Appeals
Kyle Beals v. State of Indiana (NFP)
49A02-1004-CR-461
Criminal. Reverses convictions of four counts of Class B felony criminal confinement and orders they be vacated. Affirms convictions of two counts of Class B felony robbery and one count of resisting law enforcement as a Class D felony.

Leadership in Law: Past Honorees

January 3, 2011

Previous honorees are not eligible for nomination. 2024 Lifetime Achievement Chief Judge Tanya Walton Pratt, Chief Judge, United States District Court, Southern District of Indiana Distinguished Barristers Judge David Certo, Marion County Probate Court Scott Chinn, Faegre Drinker Biddle & Reath LLP Ken Cotter, St. Joseph County Prosecutor Judge Charnette Garner, Marion Superior Court Brian […]

Judges honored for service, education

January 3, 2011

Numerous judges were honored this year for their service to the community and commitment to higher education in 2010.

Southern District bankruptcy judge seeks reappointment

January 3, 2011

After 14 years on the federal bankruptcy bench, U.S. Judge Anthony J. Metz III in the Southern District of Indiana is seeking another term.

Justices appoint judge pro tempore

January 3, 2011

Judge Julian L. Ridlen was appointed by the Indiana Supreme Court as judge pro tempore in Howard Superior Court 2, effective Jan. 1, 2011. Judge Ridlen takes over for Judge Stephen M. Jessup, who retired from the bench Dec. 31, 2010.

Building named in honor of retiring judge

December 30, 2010

Taking the bench on Jan. 1, 1975, Montgomery Circuit Judge Thomas K. Milligan is the second-longest serving trial judge in the state.

Court hits on 2 first impression issues about prejudgment interest

December 30, 2010

The Indiana Court of Appeals has reversed a trial judge decision against awarding a litigant prejudgment interest in an uninsured motorist case, examining two issues of first impression and finding that state statute warrants the litigant receive that money even when it exceeds insurance policy limits for those types of claims.

Court clarifies, reaffirms its prior back pay ruling

December 30, 2010

The Indiana Court of Appeals denied an Attorney General’s request to clarify a previous ruling that slashed a $42.4 million damages award, and clarified the two-month period from which state employees can recover back pay.

Opinions Dec. 30, 2010 ILD

December 30, 2010

The following opinions were posted after IL deadline Wednesday.

Indiana Tax Court

AOL, LLC v. Indiana Dept. of State Revenue (NFP)
49T10-0903-TA-7
Tax. Reverses Indiana Department of State Revenue’s final determinations, which denied AOL’s two claims for refund. Orders the department to refund to AOL the use taxes it paid during the tax periods at issue.

United Parcel Service Inc. v. Indiana Dept. of State Revenue (NFP)
49T10-0704-TA-24
Tax. Grants UPS’ motion for summary judgment and denies the Indiana Department of State Revenue’s motion for summary judgment. Reverses the department’s denial of UPS’s claim for refund of corporate income tax for 2000 and its assessment of additional corporate income tax against UPS for 2001.

Today’s opinions

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Christopher Jewell v. State of Indiana
32A04-1003-CR-187
Criminal. Affirms convictions and aggregate 40-year term for six counts of sexual misconduct and child molesting. Jewell argued recorded statements admitted as evidence in this case were procured and admitted in violation of his federal and state constitutional rights to counsel. Court of Appeals concludes that Jewell’s statements were not obtained unconstitutionally because although Jewell had been charged and had hired counsel in an unrelated case, he had not been charged with the present crimes when the subject phone calls took place.

Paternity of R.M.; K.B. v. S.M.
45A04-1001-JP-14
Juvenile. Reverses and remands trial court’s order granting the motion filed by S.M. (mother) to dismiss K.B.'s (putative father) petition to establish paternity of S.M.’s child, R.M., based on the doctrine of laches. S.M. married R.M.’s presumptive father when S.M. was pregnant with R.M., who was born in 1996. The presumptive father died in 2006, and a home DNA test that year showed a 99.99 percent chance that K.B. is R.M.’s biological father.

Roscoe C. Fry II v. State of Indiana
30A01-1005-CR-244
Criminal. Reverses trial court’s denial of Fry’s motion to correct erroneous sentence. Remands with instructions to determine whether Fry has completed his sentence and probation and, if not, to clarify or modify his sentence as necessary so that the combined term of the executed portion of Fry’s sentence, including any time served prior to the date of the sentencing order, and his probation do not exceed one year.

K.A. v. State of Indiana
49A02-1004-JV-527
Juvenile. Reverses juvenile court’s modification of dispositional orders after K.A. allegedly violated his probation. K.A. contended the juvenile court violated his due process rights by modifying his disposition after a hearing at which the state presented no evidence of the alleged probation violation. Court of Appeals concludes that because the modification was predicated on the alleged probation violation, principles of fundamental fairness required the state to present evidence of the allegation.

Dwayne Rhoiney v. State of Indiana
49A05-1007-PC-482
Post-conviction. Reverses post-conviction court’s denial of petition for post-conviction relief and remands for resentencing.

Hezekiah Colbert v. State of Indiana (NFP)
32A04-1004-CR-259
Criminal. Affirms convictions of Class A felony attempted murder, Class A felony burglary, and finding that Colbert is a habitual offender.
 
Donnie R. Pierce v. State of Indiana (NFP)
49A05-1006-CR-347
Criminal. Concludes the state presented sufficient evidence to convict Pierce of the charged offense, and that the mistake in the Abstract of Judgment should be corrected to enter the conviction of criminal mischief as a Class B misdemeanor.
 
Jeffrey Adams v. State of Indiana (NFP)
28A04-1006-CR-405
Criminal. Affirms convictions of aiding in reckless homicide, criminal recklessness with a deadly weapon, and reckless driving.
 
Termination of Parent-Child Relationship of S.H., et al.; A.M. v. Indiana Dept. of Child Services, et al. (NFP)
49A02-1005-JT-623
Juvenile. Affirms involuntary termination of parental rights.
 
Troy H. Worthington Sr. v. State of Indiana (NFP)
45A03-1004-CR-223
Criminal. Affirms sentence following a plea of guilty to criminal recklessness, a Class D felony.
 
Johnny N. Standberry v. State of Indiana (NFP)
29A02-1003-CR-508
Criminal. Affirms convictions of theft, a Class D felony; and resisting law enforcement, a Class A misdemeanor.
 
Bernard Markey v. State of Indiana (NFP)
49A02-1003-PC-371
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Paternity of C.B.; D.B. v. A.C. (NFP)
29A05-1004-JP-321
Juvenile. Affirms trial court’s order awarding A.C. (father) sole physical and legal custody of the parties’ minor child, C.B.
 
In the Matter of Z.T.; S.W. v. Marion Co. Dept. of Child Services, et al. (NFP)
49A04-1004-JC-252
Juvenile. Affirms trial court’s adjudication of Z.T. as a child in need of services.
 
Dione J. Osuna v. State of Indiana (NFP)
45A03-1005-CR-252
Criminal. Affirms conviction of possession of a handgun with an obliterated serial number, a Class C felony.
 
Kenneth Hopper v. State of Indiana (NFP)
82A01-1006-CR-299
Criminal. Affirms sentence following judgment of conviction of guilty but mentally ill.
 
Chester L. Triplett v. State of Indiana (NFP)
45A03-1001-CR-33
Criminal. Affirms sentence following a plea of guilty to dealing in cocaine, a Class B felony.
 
Opie W. Glass v. State of Indiana (NFP)
30A01-1005-CR-247
Criminal. Affirms conviction of Class C felony burglary and two counts of Class C felony theft.

C.S. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1005-EX-537
Civil. Affirms the determination of the Indiana Department of Workforce Development, which denied unemployment benefits to C.S.
 
Billy R. Case v. State of Indiana (NFP)
40A01-1004-CR-230
Criminal. Affirms sentence for Class B felony sexual misconduct with a minor and trial court’s restitution order.
 
Charles Hartsell Jr. v. State of Indiana (NFP)
20A04-1005-PC-359
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Wesley Crabtree v. State of Indiana (NFP)
49A02-1006-CR-646
Criminal. Affirms trial court’s order revoking probation and imposing the execution of Crabtree’s previously suspended sentence.
 
Kenny Hawkins Jr. v. State of Indiana (NFP)
84A01-1005-CR-268
Criminal. Affirms conviction of and sentence for dealing in cocaine, a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.
 

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

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